Motor Vehicle Accident Economic Damages Expert in Arkansas

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for motor vehicle accident cases venued in Arkansas: the components the loss claim consists of, the records that drive them, and a present value built to Arkansas's damages rules and venues. Plaintiff and defense.

A motor vehicle accident economic claim ranges from a documented period of lost pay to lifetime earnings, household services, and care losses after a catastrophic crash, and the analysis is scaled to the injury the record describes. Read the full motor vehicle accident analysis guide.

Arkansas courts and expert standards

Arkansas trial courts act as gatekeepers and ask whether the economist's method is reliable, whether it has been tested and accepted in the profession, and whether it fits the facts of the case, with qualification resting on training and experience. A report that states its assumptions and cites its data sources answers those questions on its face.

Where these cases are heard

Highest court: Arkansas Supreme Court. Federal venues: E.D. Ark., W.D. Ark. Court system: courts.arkansas.gov.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Arkansas Workers' Compensation Commission.

Damages framework

Arkansas allows a wrongful death action for the statutory beneficiaries' pecuniary loss and mental anguish alongside a survival action for the estate, and the state constitution bars limits on the amount recoverable for injury or death. Recovery is barred only when the plaintiff's fault equals or exceeds the defendants', the common-law collateral source rule applies, and prejudgment interest is available where the amount of the loss was determinable at the time of the injury.

How the analysis is built

The same four steps apply to a motor vehicle accident case venued in Arkansas; the damages framework above decides which components enter the total.

  1. Document the earnings history, the date the person left work, and any return to work at full or reduced capacity.
  2. Project the but-for earnings over a worklife expectancy with a stated wage growth rate and compare it with the post-injury path.
  3. Value fringe benefits from plan documents or published employer cost data, household services from time-use data, and future care from the life care plan.
  4. Discount each stream to present value at a stated rate and present the alternative scenarios where the return-to-work date or capacity is disputed.

Attorney guides for motor vehicle accident cases

Other case types in Arkansas

Frequently asked: motor vehicle accident cases in Arkansas

Which Arkansas courts hear motor vehicle accident cases?

Motor Vehicle Accident cases venued in Arkansas are heard in the Circuit Court (General jurisdiction; civil, criminal, domestic, probate, and juvenile matters). Final appeals run to the Arkansas Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Arkansas and Western District of Arkansas.

How does Arkansas's damages framework shape the economic analysis?

Arkansas allows a wrongful death action for the statutory beneficiaries' pecuniary loss and mental anguish alongside a survival action for the estate, and the state constitution bars limits on the amount recoverable for injury or death. Recovery is barred only when the plaintiff's fault equals or exceeds the defendants', the common-law collateral source rule applies, and prejudgment interest is available where the amount of the loss was determinable at the time of the injury. Arkansas trial courts act as gatekeepers and ask whether the economist's method is reliable, whether it has been tested and accepted in the profession, and whether it fits the facts of the case, with qualification resting on training and experience. A report that states its assumptions and cites its data sources answers those questions on its face.

More questions about motor vehicle accident analysis

References

Request a consultation on motor vehicle accident cases in Arkansas or call (201) 343-0700. Plaintiff and defense counsel.